Terms And Conditions

1. The final price (“contract price”) for the works to be completed includes VAT calculated at a rate of 15%. Should the VAT levied be increased or decreased by SARS, then in such event the contract price shall escalate or decrease accordingly. If it so happens that the goods the customer has elected to be installed are in total or partially imported, and there is an escalation in the exchange rate causing an increase in the cost(s) of supplying the goods, said resulting in an increase in the contract price, such increase shall be for the client’s account.

2. The quotation is subject to change upon final measurement and assessment of the works to be completed, as well as any increase in the exchange rate as referred to in (1) above.

3. The contact price includes manufacturing and installation of the goods to be installed by Universal Kitchens & Granite
(Pty) Ltd (“UKG”). Unless agreed to the contrary, the contract price excludes stripping, removing and disposing of existing cupboards and/or wall mounts, plumbing and electrical fittings and the installation thereof, plastering, tiling, brick work, floor finishes and the like. The contract price is calculated upon the bona fide assumption that UKG will be conducting the works against square and level floors, walls, doors, windows and ceilings.

4. Upon acceptance of the quotation by the customer and countersigning by UKG, the quotation shall constitute a lawful and binding agreement between the customer and UKG on the terms and conditions contained herein (the “Standard Terms and Conditions” or “ST&C”).
For purposes of this clause, the Customer shall be deemed to have accepted the quotation, subject to the ST&C, upon
the earlier of:

(a) Signature to the quotation; or
(b) payment of any deposit or other amount due in terms of the quotation.

For the avoidance of doubt, a signature may be either a handwritten signature or an electronic signature as defined in The Electronic Communications and Transactions Act 25 of 2002, and payment of a deposit, shall constitute unequivocal acceptance of the quotation and the ST&C.

Cancellation
Once accepted, the quotation may not be cancelled by the Customer without UKG’s prior written consent. In the Event of cancellation by the Customer after acceptance:

(i) any deposit or advance payment made shall be forfeited and shall be non-refundable;
(ii) the Customer shall remain liable for, and shall immediately pay upon demand, all costs and expenses incurred by UKG up to the date of cancellation, including but not limited to design costs, materials ordered or procured (whether delivered or not), manufacturing and production costs, subcontractor costs, storage costs, and any applicable administrative or handling charges;
(iii) UKG shall be entitled to recover from the Customer any loss of profit reasonably and demonstrably attributable to
the cancellation; and
(iv) in the event that UKG, in its sole discretion, elects to refund any portion of monies paid by the Customer, the amountThe amount of such refund shall be determined by UKG, having regard to the costs incurred, work performed, materials procured, and any losses suffered as a result of the cancellation. The parties agree that the amounts contemplated above constitute a reasonable pre-estimate of the damages likely to be suffered by UKG arising from such cancellation and are not intended to operate as a penalty.

5. UKG does not take any responsibility for any damaged material on site that is out of and / or beyond its control.
Should there be any damaged material on site which may require repairs or replacement, the same will be charged to the
customer accordingly.

6. It is expressly recorded that all goods & materials, whether installed or not, remain the property of UKG until the 
contract price has been paid in full. It is therefore expressly recorded that ownership of the goods and/or materials
delivered to the customer/installation site will not pass until the contract price has been paid in full.

7. A standard lead time of six (6) to nine (9) weeks shall be allowed for the manufacture of the goods. The lead time
shall commence only upon the later of:
(i) the date on which the agreement is concluded, and
(ii) the Customer’s written approval and signature of the final shop drawings.

The lead time is subject to material availability, finalisation of design specifications, and UKG’s production workload.
Upon delivery of the goods to the installation premises, the Customer shall inspect the goods and notify UKG in writing, without undue delay, if the goods supplied are not of the type and/or quality reasonably contemplated in terms of the quotation. Failing such written notification, the goods shall be deemed to be in accordance with the quotation and accepted by the Customer as satisfactory.

8. Notwithstanding that ownership of the goods will not have passed to the customer as hereinto recorded, the risk of the said goods will pass to the customer on delivery thereof to the installation site, or the delivery site agreed on between the parties. It is thus the customer’s responsibility to ensure that adequate, dry and safe storage is provided for the goods at the time of delivery and during the installation process.

9. UKG will not, under any circumstances whatsoever, be liable for any loss or damages, or charges flowing from the
late or non-delivery of goods or installation thereof.

10. Granite prices and colours are subject to availability.

11. The quotation herein provided is based on information, drawings and specifications provided by the customer, and/or his consultant, and/or his agent to UKG, UKG, who cannot be held liable for the correctness thereof. Resulting from the aforesaid, and for the purpose of giving effect to the quotation and the ST&C, UKG reserves the right to revise and
amend the quotation accordingly.

12. The customer confirms that the finishes, patterns, profiles, styles and the like, as well as the materials to be utilised
during the installation, are correctly specified on the quotation and are as displayed in UKG’s showroom from time to time, and that the difference in any materials has been explained. Installations shall take place in accordance with
showroom standards.

13. The works will only commence once the quotation has been accepted as described hereinto and as soon as theThe customer has provided UKG with:

(1) The accepted quotation is the subject matter of the acceptance.
(2) payment of the deposit has been made as set out in (18) below;
(3) Copies of the customer’s ID’s and / or legal entity documents;
(4) The signed final measurement form, signed plans and elevations; and lead time & process flow
(5) Any and all other documents requested by UKG from the customer from time to time. All 3d’s need to be returned to UKG.

14. The customer consents to UKG or its nominee requesting his Credit Profile from a recognised credit bureau of its choice, should UKG in its sole discretion deem it necessary to assess its risk exposure resulting from the works to be undertaken.

15. Ordering and manufacturing will only commence once the deposit has been paid to UKG’s
nominated account, and upon it reflecting therein as such. Any and all bank charges levied for cash deposits shall be for the account of the customer.

16. The quotation is valid for 7 business days only.

17. Quotations and invoices are rendered with errors and omissions excepted. It is further recorded that despite all
efforts having been made by UKG, there may be colour variations in respect of certain goods. This may be due to
internal lighting conditions and the fact that natural materials, such as wood and stone, are used. In further amplification of the aforesaid, the customer acknowledges that there may be substantial visible differences in the grain and colour of natural timber as well as in manmade simulated products resulting from which no claim will arise against
UKG. 

18. A deposit of 60% of the contract price is payable by the customer upon accepting the quotation. In the event of the
customer not within a period of 5 business days electing in writing to cancel this agreement, i.e. subsequent to the quotation having been accepted, then in such event the said 60% deposit together with any holding deposit(s) shall be forfeited to UKG, it thus being non-refundable and regarded to be the pre estimated damages suffered by UKG. A further payment representing the balance contract price (30%) shall be payable upon delivery of carcasses without doors, handles, consumables and the like. The installation will only commence once the said balance contract price is
paid in full and reflects in UKG’s nominated bank account. Yet again, all and any bank charges for cash deposits shall be for the customer’s account.

19. Should the installation not have commenced on the due date as a result of the specified installation site not being
ready for installation, for whatever reason which is due to the fault of the customer, UKG will have the right to, on date of commencement, increase the contract price by a percentage equal to the percentage by which UKG’s supplier’s materials to be used during the installation and / or subcontractors and / or labour costs have increased.

20. UKG may, in its sole and absolute discretion, suspend deliveries and / or installation, or cancel this agreement, in whole or in part, if:

20.1 the customer commits a breach of any of the ST&C; or
20.2 the customer, being an individual, dies or is provisionally or finally sequestrated or
surrenders his estate; or
20.3 the customer being a company, close corporation or any other legal persona, is placed under a
provisional or a final order of liquidation or judicial management; or
20.4 the customer compromises or attempts to compromise generally with his creditors; or
20.5 UKG is prevented, in whole or in part, from performing its obligations in terms of the ST&C whether by reason
of an act of God, war (whether declared or not), force majeure, governmental control, storm, fire, tempest, strikes, lock-out, riots, civil commotion, inevitable accident or any other circumstances.

21. All works to the total amount of R50 000.00 and less require 100% payment of the contract price before such works will commence.

22. UKG will in writing inform the customer once the works have been completed. Subsequent to the said notification the customer has 2 calendar days to draw up a snag list, and to send same to UKG’s e-mail address at info@universalkitchens.co.za. Should UKG not receive the aforesaid e-mailed notification on calendar day 3, then in such event UKG shall deem the works to have been completed to the satisfaction of the customer. All and any snags will be suitably addressed in the shortest possible time, due consideration being given to the availability of material,
workman, workload, and the like

23. In the event of outstanding monies not being paid on due date, UKG reserves the right to claim mora(default) interest on the outstanding amount, up to date of payment, as prescribed by the Prescribed Rate of Interest Act, 1975, currently being 11% per annum.

24. Should the customer be in breach of any of his obligations in terms of the ST&C, UKG reserves the right to hand the
matter over to its attorneys in which instance the costs, over and above the amounts owing to UKG and interest thereon, if applicable, shall be recovered from the customer. Legal costs shall be calculated on the scale of attorney and own client.

25. In the event of the customer being a Company, Close Corporation, Trust or other legal entity, or a party to a marriage in community of property, the person accepting the quotation on its / his behalf, warrants that he is duly authorized to do so, and by his signature binds himself to UKG as surety and co-principal debtor for the obligations of the customer, failing which the person attaching his signature to the quotation accepting same, shall be regarded the contracting party, he being personally held liable for due performance of the obligations in terms of the ST&C.

26. No installation services other than those set out in the quotation, any schedules and / or annexures (if any) thereto
will be rendered, and no goods other than those set out in the quotation and / or schedules and / or annexures thereto
will be delivered, in the absence of the customer entering into a Variation Order stipulating the changes, and /or deletions, and / or additions, and binding himself to the satisfaction of UKG to the additional costs associated therewith.

27. UKG, its staff and / or sub-contractors, and / or agent(s) will not be liable for any damage(s) to the customer’s
property (movable or immovable) caused by drilling, more particularly damage caused to the plumbing and electrical circuitry or wiring, unless such plumbing, circuitry or wiring has been clearly pointed out by the customer to UKG, and marked on UKG’s specifications-design / layout plans.

28. No warranties or guarantees of any nature whatsoever will be given by UKG should the installation of the goods be
effected by any party other than UKG or its sub contractors. UKG will not, under any circumstances, be responsible for any loss or damage whatsoever (including goods delivered by UKG) relating to or arising from the rendering of services by any other party other than UKG or its sub-contractors.

29. UKG’s liability in respect of any installation service rendered by it and / or its sub-contractors and / or agent(s) will be limited to the reasonable cost of making the defective workmanship good; provided that UKG is given notice in writing of any defective workmanship as set out in these ST&C.

30. For the purpose of this agreement the customer’s domicile address shall be the address where the works are to be undertaken. The customer may elect a different address subject thereto that such election is to be done in writing and to be hand delivered to the business address of UKG.

31. It is expressly recorded that all designs, drawings, renderings, plans, specifications, concepts and any other materials or information prepared, developed or provided by Universal Kitchens & Granite (Pty) Ltd (“UKG”), whether in draft or final form, shall at all times remain the sole and exclusive intellectual property of UKG.

The customer is granted a limited, non-exclusive, non-transferable right to use such materials solely for the purpose of giving effect to this agreement and the installation of the goods by UKG.

The customer shall not, without the prior written consent of UKG:

31.1 copy, reproduce, adapt or in any manner duplicate any designs, drawings or materials;
31.2 disclose, provide or make available such materials to any third party;
31.3 utilise the designs, drawings or concepts for purposes of manufacturing, installation or implementation by any party other than UKG.

In the event of cancellation of this agreement, or should the customer elect not to proceed with UKG for any reason whatsoever, all rights of use granted to the customer in terms of this clause shall immediately terminate.

UKG reserves the right to take such legal action as may be necessary in the event of any unauthorised use, reproduction or dissemination of its intellectual property, including but not limited to a claim for damages, interdictory
relief, and/or the recovery of a reasonable intellectual property usage fee.

The parties agree that the provisions of this clause are reasonable and necessary for the protection of UKG’s proprietary rights, trade secrets and commercial interests.